To: Heads of State Agencies and Human Resource Directors

Subject: Proposed Fmla Year Switch

Issue Date: July 14, 1994

Based on a request from the State Human Resource Managers Association, we are considering changing our designated method for determining the "12-month period" in which the twelve (12) weeks of entitlement under the federal Family and Medical Leave Act occurs. Since the effective date of FMLA, we had chosen for the State (which is a single employer under the act) Option 3 under Section 825.200(b) of FMLA, "the 12-month period measured forward from the date any employee's first FMLA leave begins." We are considering changing the State to Option 2, any fixed 12-month "leave year," such as a fiscal year or a calendar year.

The following requirements must be met according to Section 825.200(d) of FMLA when an employer (e.g., the State) wishes to change to another option:

1. At least sixty (60) days notice of the change must be given to all employees; and

2. The transition must take place in such a way that employees retain the full benefit of 12 weeks of leave under whichever method affords the greatest benefit to the employee. This would mean any employee, whether he had used or was using FMLA leave and was still within his 12-month period under Option 3 or had not used FMLA leave within the last year to date, would be eligible for another 12-week eligibility upon commencement of the first fixed year under Option 2.

For the sake of discussion, let us say that we decide to switch the State to a fixed year, based on the calendar year, effective January 1, 1995. We will assume that the employees we discuss will have met all entitlement requirements under FMLA.

Example 1: The employee has not used FMLA leave under Option 3 within the twelve months ending December 31, 1994. He is eligible for 12 weeks of FMLA leave for entitling situation(s) when the fixed calendar year begins January 1, 1995, through December 31, 1995.

Example 2: The employee first began FMLA leave under Option 3 on July 1, 1994, and took 8 weeks of FMLA leave during the period through December 31, 1994. He is eligible for 12 weeks of FMLA leave for entitling situation(s) when the fixed calendar year begins January 1, 1995, through December 31, 1995.

Example 3: The employee first uses FMLA leave under Option 3 on November 7, 1994, and enters 1995 still on FMLA leave without a return to work. He is eligible for 12 weeks of FMLA leave for entitling situation(s) when the fixed calendar year begins January 1, 1995, through December 31, 1995.

For all employees in our examples, each would be eligible for 12 weeks of FMLA leave for entitling situation(s) when the subsequent fixed calendar year begins January 1, 1996.

We are soliciting agency comments relative to the proposed switch to the fixed year method under Option 2 for FMLA leave. We particularly desire to know which fixed year you would prefer to be on if the fixed year method was utilized. Please comment by writing to Herbert Cannon, Chief of the Personnel Management Division, Department of Civil Service, Post Office Box 94111, Baton Rouge, Louisiana 70804-9111, by August 15, 1994.

Sincerely,

Herbert L. Sumrall
Director